R v Peterson (No. 4) [2014] NSWSC 1056

R v Peterson (No. 4) [2014] NSWSC 1056

The Crown proved beyond reasonable doubt that the accused voluntarily caused Rafik Makaradi's death by repeatedly striking him with a bat intending to inflict really serious injury. Self-defence did not fairly arise, and in any event the Crown negatived any reasonable possibility that the accused believed the attack was necessary to defend himself. Provocation did not reduce liability because no ordinary person in the accused's position could have lost self-control to the extent of forming the intent to inflict grievous bodily harm in response to a punch insufficient to cause injury and the deceased's decision to leave. However, the accused proved on the balance of probabilities that, at...

Jurisdiction
Australia
Judgment Date
06 August 2014
Procedural Posture
Common Law Criminal Special Hearing for Murder Charge With Alternative Manslaughter / Determination After Special Hearing Before Judge Alone Following Finding That Accused Was Unfit to Stand Trial
Outcome
The accused is not guilty of murder. On the limited evidence available, the accused committed the offence of manslaughter of Rafik Makaradi on 30 May 2012.
Legal Topics
['special Hearing' 'murder' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'self Defence' 'provocation' 'unfitness to Stand Trial']
['criminal Law' 'mental Health and Forensic Procedure'] ['special Hearing' 'murder' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'self Defence' 'provocation' 'unfitness to Stand Trial']

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Procedural Posture

Common Law Criminal Special Hearing for Murder Charge With Alternative Manslaughter / Determination After Special Hearing Before Judge Alone Following Finding That Accused Was Unfit to Stand Trial

Legal Issues

  1. 1 ['Whether, on the limited evidence available at a special hearing, the accused committed murder of Rafik Makaradi.' 'Whether self-defence or excessive self-defence under s 421 Crimes Act 1900 (NSW) arose on the evidence or was negatived by the Crown.' 'Whether provocation under the former s 23 Crimes Act 1900 (NSW) reduced murder to manslaughter.' 'Whether substantial impairment by abnormality of mind under s 23A Crimes Act 1900 (NSW) reduced murder to manslaughter.']

Ratio Decidendi

The Crown proved beyond reasonable doubt that the accused voluntarily caused Rafik Makaradi's death by repeatedly striking him with a bat intending to inflict really serious injury. Self-defence did not fairly arise, and in any event the Crown negatived any reasonable possibility that the accused believed the attack was necessary to defend himself. Provocation did not reduce liability because no ordinary person in the accused's position could have lost self-control to the extent of forming the intent to inflict grievous bodily harm in response to a punch insufficient to cause injury and the deceased's decision to leave. However, the accused proved on the balance of probabilities that, at...

Court Disposition

The accused is not guilty of murder. On the limited evidence available, the accused committed the offence of manslaughter of Rafik Makaradi on 30 May 2012.

Orders

  • ['The accused is not guilty of murder.' 'On the limited evidence available, the accused committed the offence of manslaughter of Rafik Makaradi on 30 May 2012.']